How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 8604
Experience:  Barrister 17 years experience
53108719
Type Your Republic of Ireland Law Question Here...
Buachaill is online now
A new question is answered every 9 seconds

For Buachaill please:My elderly fathers home sits next

Customer Question

For Buachaill please:

My elderly father's home sits next to a burned out building (arson). It was purchased by a developer. The building has had scaffolding around the front of it since it was purchased by the developer about 4 years ago. The scaffolding sits across the sidewalk and forces anyone walking along to walk into the road around it (there is a convenient bus pickup just past this scaffolding). It also makes pulling out of my father's narrow driveway that sits between the two buildings nearly impossible as the scaffolding sits right against the edge of the drive. Is there any law of any kind preventing him from keeping it there? It is an eyesore, the building is not being worked on and has never been worked on since he bought it. And recently a large piece of stone fell from the building onto my father's driveway. The building and the scaffolding are a hazard. I called the council once and got some flaky guy that was useless. I filed an online report and they claimed they never got it. I just want to confront the council or the developer with some ammunition that forces this guy to address the situation. He is around the area as he lives nearby. What law or rights do I have? This is a very dangerous situation as the road is a major thoroughfare between Donegal and Strabane with large lorries going 75 mph. So walking into the road or having difficulty pulling out with the scaffolding impeding it is a hazard.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Fran-mod replied 1 year ago.
I have sent Buachaill a message that your question is waiting for him. He will see it when he next checks his email.
Customer: replied 1 year ago.

Thank you

Expert:  Fran-mod replied 1 year ago.
You're very welcome.
Expert:  Buachaill replied 1 year ago.
1. At the outset, it is a criminal offence to impede a public footpath or to impeded the public highway or road. Here the County Council have public enforcement powers over roads to require anyone with scaffolding erected on a public roadway to take it down. Where the scaffolding is a danger to other road users, as here, the Council have emergency powers to act to make the roadway safe.
2. Secondly, as this building is effectively a Derelict building, there is power for the County council to take the building in charge under the Derelict Sites Act and have the building made safe and boarded up so that it no longer is an eyesore and a nuisance. Here the procedure is that the Council serves an enforcement notice on the owner or occupier and then takes over the building once the 21 day notice period has elapsed. The scaffolding could then be taken down by Council employees.
3. Thirdly, every private citizen has a private right of enforcement of the planning laws. Here erecting scaffolding and leaving it there amounts to "works" constituting development of a site within the meaning of the planning laws. Accordingly, you can take a private civil law action under the planning laws to force the developer to take down the scaffolding which has been there for four years now. This is probably the most effective remedy available to you. However, it will involve the payment of legal costs by you to the extent that you cannot recover them from the developer.
Please RATE the Answer positively so that I may get paid
Customer: replied 1 year ago.

How do I get the council to act on this? What is the best way to try and get some action from them (simply read 1 and 2 out to them)?

Expert:  Buachaill replied 1 year ago.
4. the best way to get the Council to act on it is to speak to a local county councillor who will act on your behalf. Many decisions of this nature in Donegal County Council & other bodies are highly politicised. Accordingly, you should have someone make representations on your behalf in relation to it. Otherwise it might never happen!
PLease RATE the Answer positively so that I may get paid
Buachaill, Lawyer
Satisfied Customers: 8604
Experience: Barrister 17 years experience
Buachaill and other Republic of Ireland Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Buachaill

    Lawyer

    Satisfied Customers:

    3273
    Barrister 17 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Lawyer

    Satisfied Customers:

    3273
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/CM/cmcsolicitor/2013-7-4_114944_CMCMay12colourheadshotcropped.64x64.jpg cmcsolicitor's Avatar

    cmcsolicitor

    Solicitor

    Satisfied Customers:

    153
    and Mediator practicing in Cork, Ireland.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    432
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney
 
 
 
Chat Now With A Solicitor
Buachaill
Buachaill
Barrister
3323 Satisfied Customers
Barrister 17 years experience